Commentary on Judgment No. 17828 of 2023: Statements to the Receiver and their Use in Criminal Proceedings
Judgment No. 17828 of 2023 represents an important ruling by the Court of Cassation concerning the use of statements made to the receiver during the phase of bankruptcy proceedings. This decision raises significant questions about the compatibility of such practices with the principles of justice and defense, guaranteed by the Constitution and European regulations.
Context of the Judgment
The Court examined the case of F. C., involved in bankruptcy proceedings and accused of crimes related to the management of the bankrupt company. The statements provided to the receiver, a public official, were considered by the Court to be useful for criminal investigations. However, a question of constitutional legitimacy was raised regarding the articles of the code of criminal procedure that govern the inadmissibility of such statements.
Statements made to the receiver during bankruptcy proceedings, incorporated into the report - Obligation to comply with the guarantees provided by the code of criminal procedure - Exclusion - Question of constitutional legitimacy of Articles 62, 63, 64, 191, 195, and 526 of the Code of Criminal Procedure - Manifestly unfounded - Reasons - Factual scenario. The question of constitutional legitimacy of Articles 62, 63, 64, 191, 195, and 526 of the Code of Criminal Procedure, for conflict with Articles 3, 24, 111, and 117 of the Constitution, in relation to Articles 6 of the ECHR, 47, paragraph 2, and 48 of the TFEU, in the part where the procedural inadmissibility of statements made to the receiver during bankruptcy proceedings and by him incorporated into his report is not provided, is manifestly unfounded, given that the receiver does not carry out inspection and supervision activities, but, as a public official, is required to represent in the report signed by him also "what may be of interest for the purposes of preliminary criminal investigations," initiating the hearing of subjects other than the bankrupt to request information and clarifications necessary "for the management of the proceedings." (Factual scenario relating to statements made to the receiver by a witness and by a suspect of a connected crime regarding the role of de facto administrator of the bankrupt company held by the defendant, summarized in the report and subject to indirect testimony by the receiver himself).
Implications of the Ruling
The Court declared the raised question of constitutional legitimacy to be manifestly unfounded, arguing that the receiver, in his function, does not act as a supervisory body but as a public official required to report information relevant to investigations. This decision clarifies that statements made to the receiver are not subject to inadmissibility, contrary to what some critics of the rule have argued.
It is important to emphasize that the judgment highlights a delicate balance between the right to defense and the need to ensure effective management of bankruptcy proceedings. Where statements are necessary for the ascertainment of any criminal liability, the use of such statements must not compromise the defendant's right to defense.
Conclusions
In summary, judgment No. 17828 of 2023 by the Court of Cassation clarifies a fundamental aspect of criminal and bankruptcy law, establishing that statements made to the receiver cannot be considered inadmissible in criminal proceedings. This ruling highlights the complexity of interactions between different areas of law and underscores the importance of ensuring a fair and equitable process, while respecting the needs of justice and transparency in the management of bankruptcy proceedings.
